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(영문) 창원지방법원 통영지원 2016.07.21 2016고단521
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall lend any electronic card used to issue instructions for transactions or to secure the authenticity and accuracy of the details of transactions with users and other information on a password, etc. necessary for the use of such card to any other person for consideration, unless otherwise provided for in any other Act.

Nevertheless, the Defendant did not confirm the specific personal information, office location, etc. of the person without his name, and agreed to receive the price from him without determining the specific time, place, and method of return of the physical card, and agreed to do so in front of his residence located in Speaker-si B on April 2015, the Defendant used Kwikset service for a commercial transaction of a passbook linked to his name bank account (Account Number: C) with Kwikset in front of his residence in Speaker-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transfer, and application of Acts and subordinate statutes to inquire about financial information;

1. The applicable provision of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts; the selection of imprisonment;

1. The reasoning for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant’s access media that the Defendant lent to the Defendant for the singing crime is used, and thus the Defendant’s liability is not less than that of the same kind of fine, and that the Defendant’s mistake is not less than twice before and after the same offense, and that the Defendant’s punishment is not more than that of the Defendant, taking into account the Defendant’s age, sexual behavior, environment, circumstances leading to the crime, circumstances after the crime, etc., and the conditions of sentencing under Article 51 of the Criminal Act,

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